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LISS v. SEAMARK FOODS

No. COA00-1306.

555 S.E.2d 365 (2001)

Saul Guy LISS, Plaintiff, v. SEAMARK FOODS and Willie R. Etheridge Seafood Company, Inc., Defendants.

Court of Appeals of North Carolina.

November 20, 2001.

Attorney(s) appearing for the Case

Judith K. Guibert and Warren A. Hampton, Hillsborough, for plaintiff-appellant.

Yates, McLamb & Weyher, L.L.P., by Jason D. Newton, Raleigh, for defendant-appellee.

EAGLES, Chief Judge.

Saul Guy Liss ("plaintiff") moved to amend the complaint in his negligence and breach of warranty action to correct the name of "Seamark Enterprises, Inc." ("defendant") and for the amendment to relate back to the filing of the original complaint. The trial court granted plaintiff's Rule 15 motion to amend. The trial court granted defendant's Rule 12(b) motion to dismiss in accordance with Crossman v. Moore, 341 N.C. 185...

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